The applicant shall provide a financial guarantee to the municipality
for the timely installation and proper construction of all stormwater
management controls as required by the approved stormwater management
plan and this chapter equal to the full construction cost of the required
controls plus construction contingency and construction inspection
costs.
A.
The stormwater management plan for the development site shall contain
a BMP operation and maintenance plan (BMP O&M) prepared by the
design engineer. The operation and maintenance plan shall outline
required routine maintenance actions and schedules necessary to ensure
proper operation of the BMPs and shall be subject to review and approval
of the Township.
B.
The BMP O&M for the development site shall establish responsibilities
for the continuing operation and maintenance of all proposed stormwater
control facilities, consistent with the following principles:
(1)
If a development consists of structures or lots that are to
be separately owned and in which streets, sewers, and other public
improvements are to be dedicated to the municipality, stormwater control
facilities may also be dedicated to and maintained by the municipality,
if accepted by the municipality.
(2)
If a development site is to be maintained in a single ownership
or if sewers and other public improvements are to be privately owned
and maintained, then the ownership and maintenance of stormwater control
facilities shall be the responsibility of the owner or private management
entity.
C.
The stormwater facility and BMP O&M plan shall include the following:
(1)
Description of how each stormwater facility and BMP will be
operated and maintained, and the identity and contact information
associated with the person(s) responsible for O&M.
(2)
Name of the project site, name and address of the owner of the
property, and name of the individual or firm preparing the plan.
(3)
A statement, signed by the facility owner, acknowledging that
the stormwater facilities and BMPs are fixtures that can be altered
or removed only after approval by the municipality.
D.
Facilities, areas, or structures used as BMPs shall be enumerated
as permanent real estate appurtenances and recorded as deed restrictions
or conservation easements that run with the land.
E.
The O&M plan shall be recorded as a restrictive deed covenant
that runs with the land.
F.
The governing body, upon recommendation of the Municipal Engineer, shall make the final determination on the continuing maintenance responsibilities prior to final approval of the stormwater management plan. The governing body reserves the right to accept the ownership and operating responsibility for any or all of the stormwater management controls. The right of the Township to accept ownership in the future shall be stated in the maintenance agreement. (Refer to § 190-804.)
A.
The Township shall review the stormwater facilities and BMP O&M
plan for consistency with the purposes and requirements of this chapter,
and any permits issued by PADEP.
B.
The Township shall notify the applicant, in writing, whether the
stormwater facility and BMP O&M plan is approved.
C.
The Township shall require a "record drawing" of all stormwater facilities
and BMPs.
A.
Prior to final approval of the site's stormwater management
plan, the applicant shall sign and record a maintenance agreement
approved by the Township Solicitor covering all stormwater control
facilities that are to be privately owned. A sample agreement is contained
in Appendix F[1] of this chapter.
[1]
Editor's Note: Appendixes A through O are on file in
the Township offices.
B.
Other items may be included in the agreement where determined necessary
to guarantee the satisfactory maintenance of all facilities. The maintenance
agreement shall be subject to review and approval of the Township.
C.
The owner is responsible for the O&M of the SWM BMPs. If the
owner fails to adhere to the O&M agreement, the Township may perform
the services required and charge the owner appropriate fees. Nonpayment
of fees may result in a lien against the property.
A.
Stormwater management easements shall be provided by the property
owner if necessary for: (1) access for facility inspections and maintenance,
or (2) preservation of stormwater runoff conveyance, infiltration,
and detention areas and facilities, including flood routes for the
one-hundred-year storm event. The purpose of the easement shall be
specified in the maintenance agreement signed by the property owner.
B.
Stormwater management easements are required for all areas used for
off-site stormwater control unless a waiver is granted by the Township.
C.
Easements shall be recorded with the Bucks County Recorder of Deeds
prior to issuance of a building permit or recordation of a subdivision
or land development plan.
A.
If stormwater BMPs are accepted by the Township for dedication, persons installing stormwater BMPs shall be required to pay a specified amount to the Township Stormwater Maintenance Fund to help defray costs of periodic inspections and maintenance expenses. The amount of the deposit shall cover the estimated costs for BMP maintenance, and inspections required pursuant to § 190-807 for 10 years. The Township engineer will establish the estimated costs upon review of information submitted by the applicant.
B.
If stormwater BMPs are to be privately owned and maintained, the
applicant shall pay an amount to the Township Stormwater Maintenance
Fund, as established by separate resolution, to help defray the costs
of periodic inspection by the Township.
C.
A financial deposit to the Township Stormwater Management Fund shall
be required to be paid by the developer to help defray costs of periodic
inspections and maintenance expenses associated with all stormwater
management facilities, storm sewer, culverts, and other such improvements
to be constructed within the right-of-way of public roadways, that
are to be maintained by the Township after dedication. The deposit
shall cover the estimated cost for maintenance and inspections for
10 years.
D.
If a storage facility is proposed that also serves as a recreation
facility (e.g., ball field, pond), the municipality may, but is not
required to, reduce or waive the amount of the maintenance fund deposit
based upon the value of the land for public recreation purpose.
